Lowe v. Howard et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 4 is ADOPTED. The civil rights complaint is DISMISSED with prejudice for purposes of in forma pauperis proceedings. Lowe's motion to proceed IFP 3 is DENIED. Lowe may resume the lawsuit if he pays the entire filing fee of $400 within 30 days after the entry of the final judgment. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 04/06/15. (mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
GARY WAYNE LOWE, #470610
§
VS.
§
LISA HOWARD, ET AL.
§
CIVIL ACTION NO. 6:15cv99
ORDER OF DISMISSAL
Plaintiff Gary Wayne Lowe, an inmate confined at the Coffield Unit of the Texas prison
system, proceeding pro se and seeking to proceed in forma pauperis, filed the above-styled and
numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was directly assigned to
United States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation
concluding that the lawsuit should be dismissed with prejudice for purposes of in forma pauperis
proceedings pursuant to 28 U.S.C. § 1915(g). Lowe has filed objections.
The Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having
made a de novo review of the objections raised by Lowe, the Court is of the opinion that the findings
and conclusions of the Magistrate Judge are correct, and the objections raised by Lowe are without
merit. It is specifically noted that Lowe has a history of abuse of court. He has accumulated more than
“three strikes” for purposes of § 1915(g). The facts as alleged in the present lawsuit do not give rise
to an inference that he was under imminent danger of serious physical injury at the time he filed the
lawsuit and his application to proceed in forma pauperis; thus, the lawsuit should be dismissed with
prejudice for purposes of in forma pauperis proceedings. Lowe’s objections and arguments to the
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contrary lack merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate
Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that the Report and Recommendation (docket entry #4) is ADOPTED. It is
further
ORDERED that the civil rights complaint is DISMISSED with prejudice for purposes of in
forma pauperis proceedings pursuant to 28 U.S.C. § 1915(g). It is further
.
ORDERED that Lowe’s motion to proceed in forma pauperis (docket entry #3) is DENIED.
It is further
ORDERED that Lowe may resume the lawsuit if he pays the entire filing fee of $400 within
thirty days after the entry of the final judgment. It is finally
ORDERED that all motions not previously ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 6th day of April, 2015.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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